LAW 122 Chapter Notes - Chapter 2: Alternative Dispute Resolution, Small Claims Court, Neutral Party
8 Apr 2015
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Litigation: system of resolving disputes in court. Focus = rare cases that are decided by judges. Judgment = public document may be reproduced in a case reporter/mentioned in newspaper. Fewer than 1 percent of private disputes are decided by judes. Who can sue & be sued: general rule: all adults are free to use the canadian courts whether or not they are. Class actions: allows a single person/small group to sue on behalf of larger group of claimants (small individuals take on large organizations), court time = expensive. Not necessary for every claim to be identical. May set up a process to deal with the special circumstances that affect some claimants. Demonstrate a workplace plan for fairly representing interests of class members. Must have a workable plan for notifying potential class members. A class action automatically includes every claimant who has not expressly opted out within a certain length of time.
